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Cumulative Remedies <br />Section 12.04. The remedies given to City and District in this Article shall not be <br />exclusive but shall be cumulative with and in addition to all remedies now or hereafter allowed <br />by law and elsewhere provided in this lease. <br />Waiver of Breach <br />Section 12.05. The waiver by either Party of any breach by the other Party of any of the <br />provisions of this lease shall not constitute a continuing waiver or a waiver of any subsequent <br />breach of either the same or a different provision of this lease. <br />Surrender of Premises <br />Section 12.06. On expiration or earlier termination of this lease, District shall surrender <br />the Premises and all improvements, including Significant Improvements in or on the Premises <br />to City in as good, safe, and clean condition as practicable, reasonable wear and tear expected. <br />Default by City <br />Section 12.07. should the City fail to perform any covenant, condition or agreement <br />contained in this lease and the default is not cured within thirty (30) days, unless this lease <br />specifies a longer cure period, after written notice of default is served on the City by the <br />District, then the City shall be in default under this lease. Notwithstanding the foregoing, if the <br />nature of the default is such that it cannot reasonably be cured within 30 days, the City shall <br />not be in default if it commences the cure within that 30-day period and thereafter diligently <br />proceeds to implement the cure until complete. <br />ARTICLE 13- OTHER PROVISIONS <br />Force Majeure <br />Section 13.01. Except as otherwise expressly provided in this lease, if the performance <br />of any act required by this lease to be performed by either City or District is prevented or <br />delayed by reason of any act of God, strike, lockout, labor trouble, inability to secure materials, <br />restrictive governmental laws or regulations, or any other cause (except financial inability) not <br />the fault of the party required to perform the act, the time for performance of the act will be <br />extended for a period equivalent to the period of delay and performance of the act during the <br />period of delay will be excused. However, nothing contained in this section shall excuse the <br />prompt payment of rent by District as required by this lease or the performance of any act <br />rendered difficult or impossible solely because of the financial condition of the party required <br />to perform the act. <br />4911006.2 -- N261.19 <br />21 <br />